Before Declaring Your Disabled Child Incompetent: Four Alternatives to Guardianship

Copyright (c) 2007 L. Mark Russellwith a disability.
Before parents decide whether their child with aHowever, special needs trust offers several
disability needs some type of guardian, they shouldadvantages as compared to guardians of the estate.
consider the alternatives to guardianship. These includeChief among the advantages is a solution to the
special needs trusts, representative payees, and citizenresource problems that might jeopardize the person's
advocates.eligibility for governmental aid. To be eligible for many
Special Needs Trustsgovernmental benefits such as Supplemental Security
Special Needs Trusts are a highly recommendedIncome and Medicaid, the person with a disability's total
alternative to a guardian of the estate. Special needsassets cannot exceed certain stated maximum
trusts accomplish the same objective as the guardianamounts (often just $2,000).
of the estate, management of the assets of a person